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Posting Justification Requirements Below SAT


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I'm confused on when a brand name like justification would have to be posted to FBO.  The below FAR information tells me that I would have to post the justification with the solicitation when I post to FBO but what about things under $25k that I do not have to post to FBO?  What about the justification and any posting requirements for that?

 

FAR 5.102(a)(6):

(6) When an acquisition contains brand name specifications, the contracting officer shall include with the solicitation the justification or documentation required by 6.302-1(c), 13.106-1(b), or 13.501, redacted as necessary (see 6.305).

FAR 13.106(b):

(b) Soliciting from a single source.

(1) For purchases not exceeding the simplified acquisition threshold.

(2) For purchases exceeding the simplified acquisition threshold. The requirements at 13.501(a) apply to sole-source (including brand-name) acquisitions of commercial items conducted pursuant to Subpart 13.5.

(3) See 5.102(a)(6) for the requirement to post the brand-name justification or documentation.

  • (i) Contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

    (ii) Where a single source is identified to provide a portion of a purchase because that portion of the purchase specifies a particular brand-name item, the documentation in paragraph (b)(1)(i) of this section only applies to the portion of the purchase requiring the brand-name item. The documentation should state it is covering only the portion of the acquisition which is brand-name.

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Here is my view of the complicated wording.  Others may disagree.  There is no requirement for a formal J&A on procurements under $150K so all that is needed is a justification statement. (unless your agency procedures say different).  We have a preprinted folder cover at DoS to write the justification on or you can write a memo for file.  If you post over $25K to FBO then you state it is brand name and provide the why.   FAR 5.102(a)(6) says the justification goes with the solicitation.  If the solicitation does not have to be posted then neither does the justification.  If you post on a public wall under $25K then it is part of your solicitation there.  If you email the solicitation for under $10K to 3 vendors, you inform them of the why in the solicitation.    

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It varies from agency to agency.  Some agencies do exactly as Boof stated, while others have more stringent requirements and all justifications above the micro-purchase threshold are required to be posted.  I would recommend checking with your agency's supplemental guidance.

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  • 1 month later...

Question: what if the requirement is below the SAT ($150,000) and also below $25,000, but just over the micro-purchase threshold ($3,500)?  Say the amount of the requirement is $4,000.  FAR 13.106-1(b)(1)(i) allows the Contracting Officer to solicit from one source if the CO determines that the  circumstances of the contract action deem only one source reasonably available.  Boof wrote that the formal FAR Part 6 Justification requirements only apply if the acquisition is higher than the SAT of $150,000.  

Boof, where does it say that?  I would like to read this United States Code citation or whatever citation it is.  Thanks!

 

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On ‎2‎/‎21‎/‎2016 at 4:49 PM, thecontractingguy said:

I'm confused on when a brand name like justification would have to be posted to FBO.  The below FAR information tells me that I would have to post the justification with the solicitation when I post to FBO but what about things under $25k that I do not have to post to FBO?  What about the justification and any posting requirements for that?

5.102 (including paragraph (a)(6))only applies when the CO is required to issue a synopsis and make a solicitation available on FBO as required by FAR 5.101(a).  Under $25K, a synopsis and posting of the solicitation is not required.  So there is no need to post documentation related to a brand name justification.  The reference to 5.102(a)(6) at 13.106-1(b)(3) is just a reminder to the CO that the documentation needs to be posted when a notice is otherwise required to be posted on FBO.  FAR 13.106-1(b) doesn't create a requirement to post, it just refers the reader to 5.102(a)(6) for existing policy (when applicable).

 

 

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Govt2310,

FAR 6. 001states that it does not apply to FAR Part 13 which applies to orders under $150K.  FAR 13.501 applies to those over $150K under the simplified acquisition for certain commercial items .

6.001 Applicability.

This part applies to all acquisitions except—

(a) Contracts awarded using the simplified acquisition procedures of Part 13 (but see 13.501 for requirements pertaining to sole source acquisitions of commercial items under subpart 13.5);

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